S T A T E O F N E W Y O R K
________________________________________________________________________
1064
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DESTITO -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to the establishment
of investigation, hearing and determination procedures with respect to
the creation of new area codes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. Telephone numbering
resources are limited and at times it may be necessary, as more numbers
and local exchange codes are utilized, to create new area codes. Area
code changes are a major burden because new area codes cause confusion
to callers and potential safety issues when hospitals, ambulances, and
public health and safety institutions are required to change their tele-
phone numbers; the records for E911, which include telephone numbers,
need to be changed when area codes change; errors in record changes can
result in serious health, safety, and welfare concerns; and the accuracy
of telephone numbers is a security issue if contacts are not reachable
because of outdated area codes on old contact lists.
The legislature finds that businesses suffer economic harm when their
area codes are changed if they are required to advertise the new
numbers, contact existing customers, and revise all stationery showing
their new telephone number, and they face the possibility of losing
business during area code transition periods when customers use an old
number.
The legislature further finds that greater regulatory vigilance is
needed to ensure that numbers or exchange codes do not become unneces-
sarily stranded due to inadvertent oversupply of numbering resources
where they are not really needed.
S 2. The public service law is amended by adding a new section 96-a to
read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03879-01-9
A. 1064 2
S 96-A. INVESTIGATION, HEARING, AND DETERMINATIONS REGARDING NUMBER
CONSERVATION, NUMBER RESOURCE RECLAMATION, AND CONSIDERATION OF ALTERNA-
TIVES PRIOR TO IMPLEMENTATION OF NEW AREA CODES. 1. IT IS HEREBY
DECLARED TO BE THE POLICY OF THE STATE, AND IN THE PUBLIC HEALTH,
WELFARE, AND PUBLIC INTEREST, TO AVOID UNNECESSARY TELEPHONE AREA CODE
CHANGES THROUGH CONSERVATION OF NUMBERING RESOURCES AND RECLAMATION OF
UNDERUTILIZED NUMBERING RESOURCES.
2. THE COMMISSION SHALL ADOPT REGULATIONS FOR CONSERVATION OF NUMBER-
ING RESOURCES AND FOR RECLAMATION OF UNDERUTILIZED NUMBERING RESOURCES.
3. PRIOR TO IMPLEMENTING ANY NEW AREA CODE, THE COMMISSION SHALL:
A. CONDUCT AN INVESTIGATION TO DETERMINE WHETHER NUMBER CONSERVATION
POLICIES AND RULES HAVE BEEN FOLLOWED, WHETHER FOR ANY REASON NUMBERING
RESOURCES ARE OVERSUPPLIED IN ANY AREAS WHERE THEY ARE NOT REQUIRED TO
MEET LOCAL NEEDS, AND IDENTIFY ALTERNATIVES, INCLUDING WHETHER REALLO-
CATION AND RECLAMATION OF NUMBERING RESOURCES, INCLUDING EXCHANGE CODES,
COULD MEET NEEDS WITH LESS COST AND INCONVENIENCE THAN CREATION OF A NEW
AREA CODE.
B. APPOINT AN ADMINISTRATIVE LAW JUDGE TO HOLD PUBLIC EVIDENTIARY
HEARINGS, HEAR EVIDENCE REGARDING THE NEED FOR A NEW AREA CODE, ANY
OVERSUPPLY OF NUMBERING RESOURCES, AND EVIDENCE REGARDING ALTERNATIVES
SUCH AS REALLOCATION OF EXISTING RESOURCES, AND ISSUE A RECOMMENDED
DECISION WHICH ADDRESSES THE NEED FOR A NEW AREA CODE AND CONSIDERS THE
COMPARATIVE COSTS AND BENEFITS OF RECLAIMING UNDERUTILIZED EXCHANGE
CODES WITH THE COST AND BENEFITS OF IMPLEMENTING A NEW AREA CODE.
S 3. This act shall take effect immediately and shall apply to any
pending commission proceedings regarding creation of new area codes.